General Editor: Emmanuel Gaillard
The International Arbitration Institute (IAI) series on international arbitration is a publication focusing on the issues and developments in international arbitration discussed during conferences and seminars held by the IAI or to which the IAI has participated.
About the IAI:
The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It has over 600 members throughout the world. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists.
About the Book:
This book is the proceedings of the first IAI Forum, held at the Chateau du Clos de Vougeot in Burgundy in September 2008, where 50 among the most prominent figures in international arbitration, including distinguished judges from various jurisdictions, gathered to share their experience and bring their perspective on one of the most fundamental and complex aspects of international arbitration: the Review of International Arbitral Awards.
The first part of the volume is devoted to the review of arbitral awards by national courts. It contains an introductory report by Professors Bernard Hanotiau and Olivier Caprasse comparing the practice of domestic courts, particularly on the issue of public policy, as well as individual reports by four judges of leading jurisdictions: Judge Dominique Hascher for France, Lord Mance for the United Kingdom, Supreme Court Justice Stephen Breyer for the United States and Judge Roland Halvorsen for Sweden.
The second part focuses on the review of awards in the ICSID system. Professor W. Michael Reisman authored introductory remarks on the topic of control systems in ICSID arbitration. Against that background, four investment arbitration specialists having sat as members of ICSID ad hoc Committees analyse various grounds for annulment under Article 52 of the ICSID Convention: Sir Franklin Berman discusses the Scope of review of the tribunal's jurisdiction, Amed El-Kosheri addresses the Scope of the review based on manifest excess of powers, Judge Gilbert Guillaume focuses on the Review based on a failure to state reasons, and Andreas Bucher explores whether there is a need to establish a permanent review body within ICSID.
The volume also contains a contribution by Johnny Veeder on the topic of whether the 1958 New York Convention on the enforcement and execution of foreign arbitral awards should be revised.
Finally, it includes over 100 pages of transcript of the exchanges that took place at the issue of both sessions.
Part I: The Review of Arbitral Awards by Domestic Courts
Introductory Report - Bernard Hanotiau & Oliver Caprasse
France - Dominique Hascher
United States - Justice Stephen G Breyer
England - Jonathan Mance
Key Note Speech - Is There a Need to Revise the New York Convention? - V V Veeder
Part II: The Review of Arbitral Awards in the ICSID System
Reflections on the Control Mechanism of the ICSID System - W Michael Reisman
Review of the Arbitral Tribunal's Jurisdiction in ICSID Arbitration - Sir Franklin Berman
Review of the ICSID Awards Based on a Manifest Excess of Powers - Ahmed El-Kosheri
Failure to State Reasons in ICSID Awards - Gilbert Guillaume
Is there a Need to Establish a Permanent Review Body? - Andreas Bucher